Prakash Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29554 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- Raghunathpur Excise District- Siwan ====================================================== 1.

Prakash Kumar Chouhan S/o- Late Lal Bahadur Chouhan Resident of villBaghouni PS- Aandar Dist- Siwan 2.

Ankit Kumar Yadav S/o- Jitendra Yadav Resident of vill- Katwar PS- Asawn Dist- Siwan ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anupam, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Raghunathpur P.S. Case No. 58 of 2025 dated 02.04.2025 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 423.360 litres of illicit foreign liquor was recovered from the Bolero Pick-up vehicle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.29554 of 2025(2) dt.07-05-2025 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are not the owner of the seized vehicle. The petitioners are the driver and the khalasi of the said vehicle but they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 03.04.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Raghunathpur P.S. Case No. 58 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T